Grand jury proceedings are private and secret. Prospective defendants are not j entitled to be present at the pertinent proceedings, and no one appears to cross-; examine witnesses on the defendants' behalf.
However, a witness before a federal grand jury is free to describe his testimony]
to anyone he pleases, after he leaves the grand jury room. To this extent, such! proceedings are not secret.
Although all states have provision for impaneling a grand jury, only about half use it as a regular arm of law enforcement. In the others, the prosecutor, on his own responsibility, is empowered to make formal accusation of all, or of all but the most i serious, crimes.
j
In states where the grand jury is utilized, it is convened at regular intervals, or it'j
may be impaneled at special times by the court to consider important cases.
The grand jury has broad investigative powers: it may compel the attendance of j witnesses; require the taking of oaths, and compel answers to questions and the [ submission of records.
Ordinarily, however, the grand jury hears such witnesses as the prosecutor calls] before it and considers only the cases presented to it by the prosecutor.
Nevertheless, a grand jury may undertake inquiries of its own, in effect taking.] the initiative away from the prosecutor. In common parlance, this is known as af "runaway" grand jury.
The grand jury's traditional function is to determine whether information elicit by the prosecutor, or by its own inquiries, is adequate to warrant the return of anj Indictment or true bill charging a person or persons with a particular crime. If grand jury concludes that the evidence does not warrant a formal charge, it may| return a no bill,
hi several states, powers of investigation similar to those of (he grand jury conferred by law upon single person, a judicial officer or a deputy appointed him, known as a "one man grand jury".
The grand jury's traditional function is to determine whether... inquiries, is adequate to warrant the rpturn f)f an inrlirtmpnt or tmp hill. "the return" "", "" "". ... ... "formal accusation" "formal charge" "^ ", "".
"The Grand Jury" .
:
1. Written accusation of a grand jury, charging a person
or persons with a particular crime
2. Attorney who represents the defendant
3. The party that initiates a criminal case
4. Person who testifies under oath before a court or in a
deposition regarding what was seen, heard or otherwise
observed
5. A systematic examination or study
6. Any statement made by a witness under oath in a legal
proceeding
7. A court employee who among other things maintains
order in the courtroom and is responsible for custody of
the jury
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8. An accusation for some criminal offence, in the nature
of an indictment, but which is presented by a competent
public officer instead of a grand jury
9. Specific number of people (usually twelve or six), se
lected as prescribed by law to render a decision (ver
dict) in a trial
10. The public officer in each county who is a lawyer and who represents the interests of the state in criminal cases
114-
COMMENTARY
, , , , . "The Grand Jury":
| 0 |
(:
attorney - At., prospective juror - Pr. Jr. ):
At. ?
. Jr. - My name is Edward Bright.
At. ?
115
| . Jr. - |
I am a retired officer and now my occupation is management. I am a manager of a small firm producing fishing equipment.
| At. . Jr. At. . Jr. At. |
?
- The firm is located in the old barracks () in the southern part of
our town.
- ?
- Knight street, II.
?
. Jr. Never. I suppose It'll be the 1-st case in my life.
At. - , ?
| At. . Jr. At. |
Pr. Jr. - Some days ago I read an article in our local newspaper about the bur-; glary, but I've no idea who did it, ? The names are not familiar to me.
, , .
: , -; .
( ), , .. , . , , . 12- , 10 11 . 196? , 10 11 12 9 10 . , , . , . , ( 1971 ), , " ". - .
| 0 |
"The Jury"
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{ , ).
( "box"}:
1. Three boxes of spare parts were received last Thursday.
2. Edward Bright was called to the jury box two days ago,
3. The witness box was occupied by a huge man, who was giving evidence in favour;
of the defendant.
4. The ballot box was properly sealed.
5. Ted said that something was wrong with the gear-box.
6. One of the jurors was carrying a box.
7. Helen boxed the man on the ear as she could.
| 0 |
{
- ):
, 1971 , , ;
116---------------------------------- '---------------------------------------------------------------------
| A SUMMARY OF COURT PROCEDURES |
| TERMS AND EXPRESSIONS |
LESSON
court procedure Criminal charge
an Indictment
the prosecuting attorney [At., Alt.,
Atty) the alleged criminal
arrest procedure to file an i
to issue a warrant for the arrest to be confined in the penitentiary
to post bond to waive a bail bond
to release from custody a preliminary hearing law enforcement
to hold person without formal
charge
to be entitled to an attorney arraignment a suit restitution complaint
legal allegations
to plead guilty or not guilty to Ihe charge
the notification of the defendant
118--------------------------------------
, -
.
,
, ,
/ ,
-
,
/
, ,
,
, , ,
, , / i
-;'
plea counterclaims
the answer the pleadings
discovery depositions estoppel interrogatories
discovery of documents and other
materials to supervise
to settle any disputes
a medieval inquisition
to overwhelm
a pretriat conference
to be mandatory
to dismiss the case
to welcome plea bargains
a default judgement a summary judg[e)ment
contest
preponderance of the evidence
a directed verdict
a judgfelraent notwithstanding the
verdict
voluntary compliance the winning party garnishment
to withhold
,
/ ( )
,
(
, , ,
;
, ;
, -
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, ,
[ )
/
, (]
,
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,
,
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; -;
, 119
INTRODUCTORY EXERCISES
( ):
CRIMINAL CASES Bringing the Charge
Criminal charges are instituted against an individual in one of two ways: 1} Through an indictment, or true bill, voted by a grand jury, or 2} Through the filing of an information in court by the prosecuting attorney!
(sometimes called the county, district or state's attorney), alleging the commissic of a crime.
In either case, the charge must set forth the time, date and place of the alleged^ criminal act as well as the nature of the charge.
In most cases, crimes of a serious nature, such as murder or treason, may charged by indictment only. In some states, the prosecutor has the option in a case to proceed by way of indictment or information.
Arrest Procedure
i
<i
When an indictment is returned by a grand jury, or an information is filed by the-|
prosecuting attorney, the clerk of the court issues a warrant for the arrest of the'J person charged, if he has not already been arrested and taken into custody.
The law usually requires in a felony case (generally, a crime for which a person] may be confined in the penitentiary) that the defendant must promptly be brought! before a magistrate of justice of the peace (in federal cases, the U.S. Commissionedj and be permitted to post bond, in order to secure release from custody, and either! request or waive a preliminary hearing. When the grand jury indicts, there is no| preliminary hearing. In most states, however, persons charged with murder are not] eligible for release on a ball bond.
Many jurisdictions permit law enforcement officials to hold a person without; formal charge up to 24 hours for the purpose of investigation. But he may not bei held for an unreasonable time unless a criminal charge is filed. In addition, the defendant formally charged with a crime is entitled to an attorney)Atty) at all times, j If he is unable to procure an attorney and if he requests counsel, the court will1] appoint an attorney to represent him, at public expense and without cost to him.
Arraignment
In most instances, a criminal case is placed on the court's calendar for arraignment.;; On the date fixed, the accused appears, the indictment or information is red to him, \ his rights are explained by the judge, and he is asked whether he pleads guilty or. not guilty to the charge.
If he pleads not guilty, his case will be set later for trial; if he pleads guilty, ms. case ordinarily will be set later for sentencing. In case of minor offenses, sentences
120-----------------------------------------------------------------------
may be imposed immediately. But in some states, arraignment and plea are separate proceedings, held on different days.
| 0 |
"A Summary of Court Procedures"
;
A typical set of procedures, the court action begins with the filing by the plaintiff of a complaint, legal allegations, notification of the defendant, counterclaims, the pleadings, pretrial procedures, discovery, depositions, interrogatories, the judge does not supervise discovery directly, efforts by parties to wear down their opponents, abusive questioning of witnesses, attempts "to overwhelm the opposition, pretrial conference, to dismiss the case, to welcome plea bargains, to move the parties toward an agreement, the judge reaches a decision, the failure of the plaintiff to prosecute the case adequately, a default judgement against the defendant for failure to file an answer, a summary judgement, preponderance of the evidence, the judge may grant a directed verdict, a judgement notwithstanding the verdict, voluntary compliance, garnishment, the employer withholds part of the losing party's wages and turns it over to the winning party.
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COMMENTARY ( )
Public law cases are likely to go to federal courts. But the great majority of all civil cases are handled in state courts. Although the scope of public law has been defined in different ways, it clearly includes such matters as taxation, the regulation of business practices, public welfare benefits, and foreign policy, as well as criminal cases. Civil cases fall under the heading of private law because they generally involve disputes, between private parties in which government plays no direct role. Although the civil work of trial courts is diverse, four types of cases seem to be the most common: 1) contract cases, when one party to a contract claims that the other party has violated its terms; 2) personal injury cases, which in turn constitute the largest part of the field called tort law; 3) domestic relations cases involve marriage, divorce, and related matters; 4) estate cases concern the assets of people who have died. In these cases, the courts supervise the administration of wills and the distribution of the assets that are dealt with in them; they also handle the estates of people who have died without wills.
| 0 |
(
- - }:
A Summary of Court Procedures
In a typical set of procedures for civil cases, the court action begins with the filing by the plaintiff of a complaint, tn which legal allegations are made against the
defendant. The next step is the notification of the defendant, which is called serving process. The defendant may then file an answer to the complaint. This answer offers defenses to the complaint, and it may also make counterclaims against the plaintiff - in effect, making the plaintiff a defendant as well. The complaint and the answer are called the pleadings.
A series of pretrial procedures, which are designed to prepare the case for trial, follows the pleadings. In discovery, the parties gather evidence from each other, primarily in three forms. The first is depositions, in which the lawyer for one side questions the other party and the witnesses for the other side. The second is interrogatories, in which one party presents questions to the other party for more extensive written responses. The third is the discovery of documents and other materials held by the other party. The judge does not supervise discovery directly but settles any disputes that may arise at this stage. Discovery is intended to eliminate the surprise element at trial, but in the process it has developed its own problems. Among them are efforts by parties to wear down their opponents through extensive and costly discovery demands, abusive questioning of witnesses at depositions "that can only be compared with a medieval inquisition", and attempts "to overwhelm the opposition by overproducing documents".
After discovery is completed, the judge may schedule a pretrial conference with the parties; in some courts, the conference is mandatory. During the conference, the judge seeks to clarify the issues in the case and ready it for trial. Afterwards, the judge makes up a pretrial order listing the evidence that the parties will present.
Like criminal cases, civil cases can drop out along the way to trial. In some categories, such as personal injuries, the overwhelming majority do drop out. The plaintiff can dismiss the case voluntarily, either because of a decision that it is not worth pursuing or because the parties have reached a settlement out of court. For the same reasons that they welcome plea-bargains in criminal cases, judges generally encourage such settlements; indeed, they often use the pretrial conference to move the parties toward an agreement.
Less often, the judge reaches a decision in the case before it comes to trial. The judge may dismiss the case because of the failure of the plaintiff to prosecute it adequately. Similarly, the judge may issue a default judgment against the defendant for failure to file an answer or to meet other procedural requirements. Either party may also ask for a judgment on the basis of the pleadings, which the judge can grant if the other party has failed to make sufficient allegations to support a case. And the judge can grant a summary judgment to one party on the ground that there are no genuine issues of fact and that the law compels a decision in favor of that party.
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The trial itself looks similar to a criminal trial. As it proceeds, the plaintiff seeks to prove the defendant's liability and the appropriateness of the desired remedy. In response, the defendant may contest either or both issues; on the remedy, the question usually is the amount of money to be paid in damages if liability is found. The standard of proof for liability generally is a preponderance of the evidence, a standard that is easier to meet than the proof beyond a reasonable doubt required of criminal prosecutors.
During a jury trial, the judge may grant a directed verdict in favor of one party at the close of the other party's case, on the ground that the evidence allows only one outcome. If there was no directed verdict, the judge or jury decides the contested
issues after the trial. In addition, where damages or restitution is to be provided, a determination is made as to the amount.
After a jury decision, the losing party can ask the judge for what is called a judgment notwithstanding the verdict, on the ground that there was insufficient basis for the jury's decision. The judge can also be asked to set aside the verdict and order a new trial on the basis of problems in either the trial or the verdict,
If the court's judgment requires one party to provide a remedy to the other, thai party may comply readily with the judgment. But if voluntary compliance does not occur, the winning party can seek enforcement of the judgment by the sheriff or other officials through a variety of methods, including garnishment (in which the employer withholds part of the losing party's wages and turns it over to the winning party) and the forced sale of the loser's property to pay the judgment,
:
1
1.
?
2. What is going on after the filing of a complaint by the plaintiff?
3.
?
4. What is the purpose of a series of pretrial procedures?
5.
?
6. Who may schedule a pretrial conference?
7. ?
8. In what way can civil cases drop out?
9. ?
10. What are the possible ways of judgement?
11. ?
12. When may the judge grant a directed verdict?
13. ?
14. In what way can the winning party seek enforcement of the judgement?
:
\. A female prosecutor - 1. bailiff
2. One who testifies to what he has seen, heard or othet- 2. exhibit
wise observed -
3. A pleading by which the defendant endeavors to resist 3. felony
the plaintiffs allegations of facts -
- __ - - ~ ' 1 tO
| 4. court reporter 5. discovery 6. answer 7. cause 8. witness 9. injunction |
| 10. prosecutrix 11. information 12. jury |
4. A proceeding where one party to an action may be in
formed as to fact known by other parties of wit
nesses -
5. An accusation for some criminal offense in the nature of
an indictment, but which is presented by a competent
public officer instead of a grand jury -
6. A mandatory or prohibitive writ issued by a court
7. A certain number of persons, selected according to law.
and sworn to inquire of certain matters of fact, and de
clare the truth upon evidence laid before
them
8. A court attendant whose duties are to keep order in the
courtroom and to have custody of the jury -
9. A crime of a graver nature than a misdemeanour. Gen
erally an offense punishable by death or imprisonment
in a penitentiary
10. A person who transcribes by shorthand or steno-
graphically takes down testimony during court pro
ceeding
11. A suit, litigation or action civil or criminal
12. A paper, document or other article produced and exhib
ited to a court during a trial or hearing
: 1/10, 2/8, 3/6, 4/5, 5/11, 6/9, 7/12, 8/1, 9/3, 10/4. 11/7, 12/2.
fjl :
Common law, , the winning party, , discovery, , to post bond, , to release from custody, , arrest procedure, (estoppel), depositions, Thursday, 1925, , law of trust, , legal allegations, , public law, .
COMMENTARY
, , , , , , . . - -
124-
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__________ _______________________________ -------------------------------------- 125
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